Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Third party rights under contract

Legal area

Court

10 Feb 2017

ZHU YU v. CHINA DATA ENTERPRISES LTD

Citation

ZHU YU v. CHINA DATA ENTERPRISES LTD
Court

Lands Tribunal
Case number

LDPD2465/2016

The third party's interlocutory application was dismissed because he was not a party to the Tenancy Agreement, could not identify any term conferring a benefit on him under that agreement or statutory provision, and produced no new evidence to overturn the Tribunal's earlier decision; accordingly the application to set aside the Judgment and to stay execution was refused.
6 Aug 2013

DRAGONRIDER OPPORTUNITY FUND LP v. LAM FUNG AND ANOTHER

Citation

DRAGONRIDER OPPORTUNITY FUND LP v. LAM FUNG AND ANOTHER
Court

Court of Appeal
Case number

CACV71/2013

The appellant failed to demonstrate that the appeal had such strong prospects as to justify a stay, nor did he demonstrate a real risk that the appeal would be rendered nugatory by enforcement of the specific performance order; accordingly the stay of execution for the specific performance/money order was refused. Enforcement of the share charge was permitted subject to the plaintiff giving an undertaking not to sell or otherwise dispose of the charged shares without three weeks' prior written notice to the defendant's solicitors, which the court accepted as adequate to mitigate any risk of p…